Fraternity is the one constitutional technique of assuring the dignity of each particular person citizen, former Supreme Court docket choose Justice Rohinton Fali Nariman mentioned on Friday, whereas stressing that the cardinal precept should be given “some tooth”.
He was delivering the keynote tackle on the thirteenth V M Tarkunde memorial lecture within the nationwide capital.
“If we are literally going to dwell by the cardinal precept of fraternity, which is the one constitutional technique of assuring the dignity of each particular person citizen of this nation and of assuring the integrity and unity of this nation, it should be given some tooth,” he mentioned.
The previous high courtroom choose emphasised that one of many elementary duties of a citizen underneath the Structure pertains to the precept of fraternity and casts an obligation on residents to advertise concord and the spirit of frequent brotherhood, “transcending non secular, linguistic and regional or sectional diversities”, and “resign practices derogatory to the dignity of ladies”.
“Fraternity is one thing that could be very, essential as far as this nation is anxious, significantly presently. We all know that the legal regulation is usually put in movement selectively, however I’m going to recommend a treatment… The second a citizen petitions within the courtroom in opposition to hate speech, the [civil] courtroom cannot solely problem a declaration and an injunction due to the elemental obligation, it may well additionally award punitive damages. Nothing hurts greater than that which hurts the purse,” the previous choose mentioned.
Throughout his tackle on the subject “Rights, Duties, Directive Rules: What’s Elementary”, justice Nariman additionally mentioned that civil courts ought to award punitive damages in hate speech case that disrupt concord.
He asserted that whereas legal regulation is selectively put in movement at instances, motion taken by civil courts would go a good distance in the direction of preserving and defending fraternity.
“Civil courts ought to take up a go well with filed by any citizen in opposition to, say, hate speech. In spite of everything, it disrupts concord and brotherhood. So, if courts have been to really now take cognisance of civil fits during which these three issues are carried out, it could go a good distance in the direction of preserving and defending fraternity….,” justice Nariman mentioned.
He additionally spoke on the constitutional scheme in relation to elementary rights and duties, and steered that the federal government ought to distribute free copies of the Structure in each doable language among the many residents enabling them to know their rights.
Justice Nariman identified that there’s an obligation on the residents to abide by the Structure and its beliefs and the cardinal worth of fraternity — enshrined underneath the fifth elementary obligation — is of essential significance.
He additionally spoke on the impact of sure current provisions within the Structure underneath the directive ideas of state coverage which search to curtail additional the fitting to property whereas empowering the State to make sure correct distribution of sources amongst folks and forestall focus of wealth.
The previous SC choose hoped that the Supreme Court docket, in an acceptable case, examines whether or not such provisions underneath Article 39 can abridge the elemental proper underneath Article 19 to hold out any commerce or enterprise and earn livelihood.
If the fitting underneath Article 19 could be snuffed out, justice Nariman warned, India will probably be no completely different from China or Russia.
Whereas concluding his tackle, justice Nariman quoted a Supreme Court docket judgment and mentioned, “Our custom teaches tolerance, our philosophy preaches tolerance, our Structure practices tolerance. Allow us to not dilute it.”
The occasion was attended by a number of dignitaries, together with former Supreme Court docket choose justice Madan B Lokur and members of the bar. Justice Lokur highlighted the contributions and “prophetic lectures” of former Bombay excessive courtroom choose justice Vithal Mahadeo Tarkunde, in whose reminiscence the lecture was instituted.
Born on July 3, 1909, justice Tarkunde was a outstanding lawyer and civil rights activist credited with defending many activists and journalists jailed in the course of the Emergency. He has been known as the “father of the civil liberties motion” in India.